By: Flynn, Murphy, Anderson of McLennan, H.B. No. 1378
et al.
A BILL TO BE ENTITLED
AN ACT
relating to the fiscal transparency and accountability of certain
entities responsible for public money.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 140, Local Government Code, is amended
by adding Section 140.008 to read as follows:
Sec. 140.008. ANNUAL FINANCIAL REPORT; DEBT INFORMATION.
(a) In this section:
(1) "Debt obligation" means an issued public security,
as defined by Section 1201.002, Government Code.
(2) "Political subdivision" means a county,
municipality, school district, junior college district, other
special district, or other subdivision of state government.
(b) Except as provided by Subsections (c), (d), and (d-1), a
political subdivision shall prepare an annual financial report that
includes:
(1) financial information for each fund subject to the
authority of the governing body of the political subdivision during
the fiscal year, including:
(A) the total receipts of the fund, itemized by
source of revenue, including taxes, assessments, service charges,
grants of state money, gifts, or other general sources from which
funds are derived;
(B) the total disbursements of the fund, itemized
by the nature of the expenditure;
(C) the balance in the fund as of the last day of
the fiscal year; and
(D) any other information required by law to be
included by the political subdivision in an annual financial report
or comparable annual financial statement, exhibit, or report;
(2) as of the last day of the preceding fiscal year,
debt obligation information for the political subdivision that must
state:
(A) the amount of all authorized debt
obligations;
(B) the principal of all outstanding debt
obligations;
(C) the principal of each outstanding debt
obligation;
(D) the combined principal and interest required
to pay all outstanding debt obligations on time and in full;
(E) the combined principal and interest required
to pay each outstanding debt obligation on time and in full;
(F) the amounts required by Paragraphs (A)-(E)
limited to authorized and outstanding debt obligations secured by
ad valorem taxation, expressed as a total amount and, if the
political subdivision is a municipality, county, or school
district, as a per capita amount; and
(G) the following for each debt obligation:
(i) the issued and unissued amount;
(ii) the spent and unspent amount;
(iii) the maturity date; and
(iv) the stated purpose for which the debt
obligation was authorized;
(3) any other information that the political
subdivision considers relevant or necessary to explain the values
required by Subdivisions (2)(A)-(F), including:
(A) an amount required by Subdivision (2)(F)
stated as a per capita amount if the political subdivision is not
required to provide the amount under that paragraph;
(B) an explanation of the payment sources for the
different types of debt; and
(C) a projected per capita amount of an amount
required by Subdivision (2)(F), as of the last day of the maximum
term of the most recent debt obligation issued by the political
subdivision; and
(4) the credit rating of any debt held by the political
subdivision, if applicable.
(c) Instead of replicating in the annual financial report
information required by Subsection (b) that is posted separately on
the political subdivision's Internet website, or on a website as
authorized by Subsection (g)(2), the political subdivision may
provide in the report a direct link to, or a clear statement
describing the location of, the separately posted information.
(d) As an alternative to preparing an annual financial
report, a political subdivision may provide to the comptroller the
information described by Subsection (b) and any other related
information required by the comptroller in the form and in the
manner prescribed by the comptroller. The comptroller shall post
the information on the comptroller's Internet website in the format
that the comptroller determines is appropriate. The political
subdivision shall provide a link from the political subdivision's
website, or a website as authorized by Subsection (g)(2), to the
location on the comptroller's website where the political
subdivision's financial information may be viewed. The comptroller
shall adopt rules necessary to implement this subsection.
(d-1) This subsection applies only to a municipality with a
population of less than 15,000 or a county with a population of less
than 35,000. As an alternative to preparing an annual financial
report, a municipality or county may provide to the comptroller a
comparable financial report. For the purposes of this subsection,
"comparable financial report" means the most recent financial
statement, audit, exhibit, or other report that the municipality or
county is required by other law to prepare. The comptroller shall
post the information from the comparable financial report submitted
under this subsection on the comptroller's Internet website on a
web page that is easily located by searching the name of the
municipality or county on the Internet. If the municipality or
county maintains or causes to be maintained an Internet website,
the municipality or county shall provide a link from the website to
the web page on the comptroller's website where the information may
be viewed. The posting requirements of Subsection (g) do not apply
to a comparable financial report submitted under this subsection.
The comptroller shall adopt rules necessary to implement this
subsection.
(e) Except as provided by Subsection (d) or (d-1), the
governing body of a political subdivision shall take action to
ensure that:
(1) the political subdivision's annual financial
report is made available for inspection by any person and is posted
continuously on the political subdivision's Internet website, or on
a website as authorized by Subsection (g)(2), until the political
subdivision posts the next annual financial report; and
(2) the contact information for the main office of the
political subdivision is continuously posted on the website,
including the physical address, the mailing address, the main
telephone number, and an e-mail address.
(f) A political subdivision shall maintain or cause to be
maintained an Internet website to comply with this section, other
than a political subdivision to which Subsection (d-1) or (g)
applies
.
(g) This subsection does not apply to a county or
municipality with a population of more than 2,000 or a school
district or a junior college district. If a political subdivision
did not maintain an Internet website or cause a website to be
maintained on January 1, 2015, the political subdivision shall post
the information required by this section on:
(1) the political subdivision's website, if the
political subdivision chooses to maintain the website or cause the
website to be maintained; or
(2) a website in which the political subdivision
controls the content of the posting, including a social media site,
provided that the information is easily found by searching the name
of the political subdivision on the Internet.
(h) Notwithstanding any other provision of this section, a
district, as defined by Section 49.001, Water Code, satisfies the
requirements of this section if the district:
(1) complies with the requirements of Subchapter G,
Chapter 49, Water Code, regarding audit reports, affidavits of
financial dormancy, and annual financial reports; and
(2) submits the financial documents described by
Subchapter G, Chapter 49, Water Code, to the comptroller.
(i) The comptroller shall post the documents submitted to
the comptroller under Subsection (h) on the comptroller's Internet
website. The comptroller shall adopt rules necessary to implement
this subsection and Subsection (h).
SECTION 2. Section 271.047, Local Government Code, is
amended by adding Subsection (d) to read as follows:
(d) Except as provided by this subsection, the governing
body of an issuer may not authorize a certificate to pay a
contractual obligation to be incurred if a bond proposition to
authorize the issuance of bonds for the same purpose was submitted
to the voters during the preceding three years and failed to be
approved. A governing body may authorize a certificate that the
governing body is otherwise prohibited from authorizing under this
subsection:
(1) in a case described by Sections 271.056(1)-(3);
and
(2) to comply with a state or federal law, rule, or
regulation if the political subdivision has been officially
notified of noncompliance with the law, rule, or regulation.
SECTION 3. Section 140.008, Local Government Code, as added
by this Act, applies only to an annual financial report for a fiscal
year ending on or after the effective date of this Act. An annual
financial report for a fiscal year ending before the effective date
of this Act is governed by the law in effect when the fiscal year
ended, and the former law is continued in effect for that purpose.
SECTION 4. This Act takes effect September 1, 2015.